2 test - Practical Test - 2nd test Flashcards
List the ingredients of Section 6(1)(c) MODA, Possession of a Controlled Drug for Supply
Supply Class A/B controlled Drug Sect 6(1)(c) MODA - Life/14yrs
- Supplies or Administers or Offer to supply or administer or otherwise deal
- Class A or B controlled Drug
- To any person
List the Ingredients of Unlawful Sexual Connection, Section 128(1)(b) Crimes Act 1961
Sexual Violation by UL SC Section 128(1)b - 20yrs
A person
Has UL SC
Another person
What are the ingredients of Section 228 Crimes Act 1961, in relation to Using a document?
Uses a Document Section 228(1) 7yrs 1. With intent 2. To obtain any Property, Service, Pecuniary Advantage or Valuable Consideration 3. Dishonestly 4. And Without Claim of Right 5. Takes or Obtains a document
List the responsibilities of O/C body
The OC Body must:
· ensure death has been certified by a doctor or qualified paramedic using a Deceased Person Certificate (POLPOL 265)
· maintain security and continuity of the body, samples and exhibits, from the scene to the commencement of the post-mortem examination
· secure and guard the body, body samples and any exhibits relating to the body, with dignity and respect
· note and record observations relating to the body
· note details of medical staff or others who have attended the victim
· record what actions have been taken by any party in respect of the body
· establish if the body has been moved or disturbed
· ensure the body is photographed ‘in situ’ and consider using video recording
· on authority of the OC Investigation, arrange transportation of the body to the mortuary
· complete sudden death procedures
· on authority of OC investigation, arrange formal identification of the body using form Pol 265A
· obtain historical medial records of victim for information of pathologist
· attend the post-mortem examination with the OC Investigation, or deputy appointed by them, and:
- attend the briefing of the pathologist by the OC Investigation, and contribute as required
- ensure the Police photographer takes appropriate and sufficient photographsof the body before clothing is removed, again after the body is disrobed, and during the post-mortem examination. The pathologist will direct the photographer.
- preserve evidence from the body
- record, label and secure all samples and exhibits associated with the body
- arrange for fingerprints and palm prints to be taken, if required
· attend the debrief of the pathologist and record the findings, on direction of the OCOC and/or pathologist
· ensure all cultural responsibilities have been addressed.
List the Initial Action would you take to Identify and Preserve the Scene.
Victim Identify and locate the victim(s).
Appreciation Make an initial appreciation of the incident. Assess personal risk and then preserve the lives of others.
Witnesses Locate and contain witnesses.
Scene Preserve the scene (e.g. set boundaries).
Exhibits Note evidence and preserve any that would otherwise be lost or destroyed.
Ingredients Consider whether the ingredients of the alleged offence have been established.
Powers Identify what powers are available
and consider whether to execute them.
Offenders Identify and apprehend suspect(s).
What are the responsibilities of O/C Scene?
RECONNAISSANCE - Conduct a reconnaissance to gain overall picture of scene and test possible reconstructions
UPLIFTING, inspecting and ensuring delivery of labelled exhibits to the exhibit recorder
CONTROLLING, freezing and preserving the scene and ensuring it is safe
COMMUNICATION - Providing communication link between the scene and O/C Investigation
COMMON - Establishing a common approach path between police cordon and scene’s focal point
COORDINATING and overseeing the crime scene examination
ENSURING scene is photographed, fingerprinted and examined by specialists before searched
PLANNING a strategy for forensic examination
PROVING relevant exhibits in court
Define Rape as per Section 128(2)
RAPE Section 128(2)
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
(a) without person B’s consent to the connection; AND
(b) without believing on reasonable grounds that person B consents to the connection.
Define Unlawful Sexual Connection Sect 128(3) Crimes Act 1961
UNLAWFUL SEXUAL CONNECTION Section 128(3)
Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
(a) without person B’s consent to the connection; AND
(b) without believing on reasonable grounds that person B consents to the connection.
What are the ingredients of Section 228(b) Crimes Act 1961 - Dishonestly Takes or uses a Document?
Uses/Attempts to use a Doc Sect 228(b)
- With intent to obtain any property OR Service OR Pecuniary Advantage OR Valuable Consideration
- Dishonestly
- And without claim of right
- Uses OR attempts to use any document
What are the Ingredients of Arson Section 267(1)(c)?
Arson Section 267(1)(c) 14yrs
- Intentionally
- Damages by fire or Damages by any means of any explosive
- Any VISA
- With intent to obtain any benefit OR Cause loss to any person.
Under ASA Investigation Guidelines what should you request a victim refrain from doing until after the medical examination?
If the case is very recent (acute), it is important that any trace evidence is
preserved. You should explain this to the victim.
Where possible, victims should refrain from the following until after they have had a medical examination:
• eating or drinking
• going to the toilet (if necessary, use a toxicology kit to capture urine and
ask victims not to wipe)
• washing or showering
• washing their hands or biting their fingernails
• changing clothing
• smoking
• brushing or combing hair
• brushing teeth or rinsing their mouth.
List the responsibilities of O/C Exhibits in relation to the Exhibit Management Process.
The OC Exhibits is responsible for establishing required standards for the recovery, handling, labelling, storage, submission to experts, presentation at Court and disposal of exhibits and ensuring these processes are completed in accordance with the requirements set by the OC Investigation and the Serious Crime Template. The OC Exhibits must communicate required standards to all investigation team members, usually at investigation conferences.
List the 4 steps of the Preliminary Interview Action under KPP4 of the Adult Sexual Assault Guidelines. (8 marks)
PURPOSE is to necessary to gain a better understanding of what has occurred and to determine:
WHAT further investigative actions are necessary
WHETHER an offence has occurred and
WHETHER the victim wants to make a formal complaint.
- Ensure the victim is SAFE
- All necessary INITIAL CONTACT ACTIONS have been undertaken
- INTERVIEW ENVIRONMENT is appropriate and evidence neutral
- Arrange crisis support ASAP
- PSSID
Reassess and reconsider what further investigative procedures appropriate.
PUBLIC SAFETY - likelihood of similar/connected offending.
SECURE/preserve fragile or diminishing evidence
SECURE/contain crime scene
IDENTIFY /locate witnesses
DETECTING/apprehending suspects
Consider whether a recent photo of victim is necessary for evidential purposes.
Ensure victim advised of specialist services available
Before conducting a medical examination what should you explain/ask the victim under the ASA Investigations Guidelines. (5 marks)
Explain to the victim:
· that the examination
- will be conducted by a medical forensic practitioner specially trained in examining individuals who have been sexually assaulted
- has potential health benefits and can help Police obtain evidence to apprehend the offender
· the expected duration of the examination (“a couple of hours”) and, if appropriate, possible outcomes of the examination.
Ask the victim if they have any concerns about the gender of the practitioner Conducting the examination and advise that you will do your best to accommodate their wishes.
What are the Objectives of a Crime Scene Examination? (4.5marks)
ESTABLISH if a crime has been committed
ESTABLISH the crime’s key elements and provide the facts for the basis of an inquiry
IDENTIFY the suspect and place them in contact with the victim or scene
IDENTIFY people associated with the crime
CORROBORATE or contest witness and victims accounts
CORROBORATE or exclude other evidence relating to the crime or incident
EXCLUDE possible defences
EXONERATE the innocent
VERIFY confessions and admissions
